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TITLE I. An inspector of leaf tobacco for the city and county of New
York ;12 tobacco. Four inspectors of fish for the city of New-York; one for the county hotel pectors of of Jefferson ; one for each of the towns of Richland, and Orwell, in
the county of Oswego; and one or more in the other counties of the
state, as may be deemed necessary by the appointing power; Inspectors of An inspector of fish or liver oil, for each of the cities of New
York, Albany and Troy; Inspectors of An inspector of distilled spirits, for the city of New-York; and one
for each other county of the state, where such an appointment shall
be deemed necessary by the appointing power; Inspectors of An inspector of hops for each of the cities of New-York, Albany
and Troy; and for each of the villages of Utica, Oswego, Buffalo,
Ithaca and Whitehall; ! Weigher. One weigher at the quarantine ground, on Staten Island; Health of A health officer, a resident physician, and a health commissioner,
for the city and county of New-York;
A health officer for the city of Albany, and one for the city of Hud
son; Bank direc- So many directors of incorporated banks as the state may be au
thorised, by the acts of incorporation, to appoint;
Fifteen wreck-masters, in the county of Suffolk; twelve in the county of Queens; three in the county of Kings; two in the county
of Richmond, and two in the county of Westchester; County seal. A county sealer for each county; and the sealers for the counties
of Albany and Oneida, shall be deemed assistant state sealers; Inspectors of Not less than three, nor more than five commissioners to inspect
turnpike roads, in each county in this state, in which there shall be a turnpike road whose act of incorporation contains no provision for the
appointment of special inspectors of such road; Indian offi- An agent for the Onondaga tribe of Indians, five or more superin
tendents; and not less than three, nor more than five superintendents of the Brothertown Indians ;
An attorney for the Oneida Indians; Receiver at And a receiver of the profits of the state pier at Sagg-Harbour. 13
S 2. The common council of each of the cities in this state, except urs of deeds the city of New York, on or before the first day of January in the
year one thousand eight hundred and thirty, and once at the end of every two years thereafter, shall, by resolution of the board, determine and limit the number of commissioners of deeds and notaries public to be next appointed in and for their respective cities.
Receiver at Sagg-Har bour.
and notaries in certain cities how limited.
(12) Laws of 1828, chap. 274, April 19, 1328. (13) Compiled from the constitution and from the statutes in force in September, 1827, except where otherwise specially noted; and except also, that the limitations of the number of masters and examiners in chancery, of commissioners of deeds and public notaries in cities, of acting canal commissioners, of inspectors of pot and pearl ashes in the city of New-York, and of wreck-masters, are new provisions.
ers of deeds
$ 3. A copy of each determination to be made by the common TITLE 1. council of any city, under the corporate seal, and attested by the mayor of the city, shall be transmitted to the governor within twenty days after the same shall have been made.
S 4. No nomination or appointment shall be made by the governor Ib. to any of the offices so limited, as stated in the preceding sections, unless in conformity to the limitation.
35. The judges of the county court in each county, shall, at each Commissiarcounty court, next preceding the annual meeting of the judges and in towas. supervisors for the purpose of appointing commissioners of deeds, determine by rule of court the number of commissioners of deeds in each town of the county, for the year next ensuing such annual meeting.
S 6. At such annual meeting, no increase shall be made in the Ib. number of such commissioners in any town, unless in conformity to such previous determination of the judges.
$ 7. No limitation contained in this Chapter, or to be made in the Uffices when mode herein prescribed, of the number of persons to be appointed to any office, shall be construed to vacate the office of any persons now being, or who shall then be in office; except commissioners of deeds and notaries public in cities, whose offices shall be vacated on the first day of January one thousand eight hundred and thirty.
$ 8. If, at the expiration of the term of office of any one or more When po persons holding any of the offices so limited or to be limited, the ment to be number of persons holding the same office shall exceed the limitation then in force, no nomination or appointment of any one or more persons shall be made to such office for the district, county or place to which the limitation applies, until the number of persons holding the same shall be so reduced, as not to exceed the limitation then in
S far local off
S 9. The offices of circuit judge, supreme court commissioner, and Circuit judgof master and examiner in chancery, shall so far be deemed local, as fat local offto require the residence of each judge, master and examiner, within the circuit, district, county or place, for which he shall be appointed.14
$ 10. Judges of county courts, and recorders of cities, must reside County judge within the county or city for which they shall be respectively ap- Corder to pointed.
Jll. Surrogates, supreme court commissioners, commissioners of Surrogates, deeds, and justices in cities, are local officers; and each officer shall be confined, in the execution of his duties, to the district or county for which he shall be appointed.
(14) Laws of 1823, p. 214, § 14, as to circuit judges.
Commissioners of deeds.
TITLE 2. $ 12. Justices of the peace must reside in the town for which
they were chosen ; and shall not try a civil cause in any other town,
except in cases otherwise provided for by law. Coordonate $ 13.
S 13. Commissioners of deeds must reside within the respective towns for which they shall be chosen or appointed, but may execute the duties of their office at any place within the county.
S 14. Notaries public must reside in the respective cities or counties for which they shall be appointed, but may execute the duties of
their office at any place within the state. Sheriffs, &c. S 15. The following officers, namely; sheriffs, clerks of counties,
coroners, district attornies, marsbals of cities, the clerk of the court of oyer and terminer and general sessions in New-York, the register and clerk of that city, police justices and assistant justices in that city, and their clerks, are so far local, as to require the residence of every person holding such office, within the county or city, in which the du
ties of his office are required by law to be executed. Administra. S 16. Every officer included in the class of administrative officers,
shall be confined in the execution of his duties, to the district, county, city, town, or village for which he shall be appointed, except where otherwise provided for by law.
OF LEGISLATIVE OFFICERS.
2. How chosen.
their terms of service.
bers of legislature accept offices under U. States, their seats vacated.
9, When president of the senate to act as governor. Senators, &c S 1. Senators and members of assembly are chosen by the people; term of office.
'senators for four years, members of assembly annually. 15 Ho'chosen
$ 2. Senators are chosen by districts; members of assembly by counties. One senator must be chosen annually in each senate district, and at least one member of the assembly in each county of the state, separately organized. 16
$ 3. Senators must be freeholders; and whenever two or more ore, &e. senators shall be chosen at any election, one or more of whorn shall be
chosen to supply a vacancy, and one for the regular term, it shall be de
Qualifica. tions of sena
(15) Cons. art. 1, § 2. (16) Cons. art. 1, $6 & 7.
termined by lot, in such manner as the senate shall direct, which of TITLE 3. them shall be considered as elected for the longest term, without regarding any designation upon the ballots given for the persons so chosen.17
S 4. No member of the legislature can receive any civil appoint- Ineligible to ment from the governor and senaté, or from the legislature, during ces... * the term for which he shall have been elected. 18
$ 5. No person, being a member of congress, or holding any ju- V. States ofdicial or military office under the United States, can hold a seat in the legislature. If any person shall, while a member of the legislalature, be elected to congress, or be appointed to any office civil or military under the government of the United States, his acceptance thereof shall vacate his seat in the legislature. 19
56. If a person elected a member of the legislature, shall, during lb the term for which he was chosen, be elected a member of congress, he shall be deemed to have accepted the office of member of congress, unless within ten days after the commencement of the term of service as such member, he shall give written notice to the secretary of state, of his determination not to accept such election to congress.
S 7. No person elected to either branch of the legislature, shall be further inoliappointed by the governor to any office, during the term for which ice. such person shall have been elected; but this prohibition shall not extend to those officers whose appointment is, by the constitution, Tested in the governor.20
$ 8. Whenever the lieutenant-governor shall act as governor, or Temporary shall not attend the senate, that house shall choose a temporary pre- the senate sident from its own body, to serve until the lieutenant-governor shall chosen. return to preside therein.21
$ 9. If during a vacancy of the office of governor, the lieutenant- When to act. governor shall be impeached, displaced, resign, die, or be absent from the state, the president of the senate, so chosen, shall act as governor, until the vacancy shall be filled, or the disability shall cease; and the senate shall choose from its own body, another person to preside therein.22
gibility to of:
when to be
OF EXECUTIVE OFFICERS. Sec. L. Governor and lieutenant-governor when to be chosen. 2 Proceedings when two or more candidates receive an equal number of votes for go
vernor 3. The like as to candidates for lieutenant-governor. (17) Cons. art. 1, $ 2; Laws of 1824, p. 317. (18) Cons. art. 1. $ 10. (19) Cons. art. 1, IL (20) Laws of 1823, p. 241, 83. (21) Cons. art. 1, $3. (22) Cons. art. 3, 87.
TITLE 3. Sec. 4. Qualifications required for governor.
5 & 6. Secretary of state, comptroller, attorney general, and surveyor-general how and
13 Governor's private secretary and door-keeper of executive chamber, how appointed. Governor and S 1. A governor and lieutenant-governor shall be chosen at each lieutenantgovernor. biennial general election, from and after the general election in No
vember, one thousand eight hundred and twenty-two.23 Equality of S 2. In case two or more persons receive an equal and the highest votes for go
number of votes for governor, at any election, it shall be the duty of the board of state canvassers to lay before the legislature, on the first day of its next session after such election, a certified statement of the votes canvassed by them; and the two houses shall immediately proceed to choose, by joint ballot, one of those persons having such
equal number of votes, to be governor. 24 The like for $ 3. In case two or more persons shall receive an equal and the
highest number of votes for lieutenant-governor, a statement of the canvass of such votes shall in like manner be laid before the legislature; and the two houses shall proceed in the same manner to choose by joint ballot, one of those persons having such equal number of votes, to be lieutenant-governor 24
$ 4. No person is eligible to the office of governor, unless he shall
The like for lieutenantgovernor.
Qualifications of governor.
1. A native citizen of the United States ;
4. And shall have been five years a resident within this state, unless he shall have been absent during that time, on public business of
the United States or of this state. 25 State officers $ 5. The secretary of state, the comptroller, the attorney-general,
and the surveyor-general, are appointed by the legislature, as follows: The senate and assembly each openly nominate one person for each of those offices respectively, or for such of them as are then to be filled ; after which, they meet together; if the nominations are found to agree, the person nominated is declared to be appointed; if the nominations do not agree, the appointment is then made by the joint ballot of the senators and members of assembly.26
$ 6. Such appointment shall be made once in every three years, from and after the first Monday of February, in the year one thousand
(23) Cons. art. 3, § 1; Laws of 1822, p. 207, 51. (24) Cons. art. 3, § 3. (25) Cons. art. 3, & 2. (26) Ib. art. 4, § 6.